Transport Bill — Purposes — 10 May 2000

Amendments made: No. 214, in page 85, line 45, leave out "to (5)" and insert "and (3)".

No. 215, in page 85, line 46, leave out "and costs".

No. 216, in page 85, line 47, at end insert--

'(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid--

(a) in the case of a trunk road charging scheme made by virtue of section 145(2)(b), by the local traffic authority which requested the making of the scheme (or Transport for London, if it did), and

(b) in any other case, by the charging authority or authorities;

and the parties at the inquiry shall bear their own costs.'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 217, in page 87, line 1, after "(1)" insert--

'and to section 147(1) and (3)'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 218, in page 88, line 16, after "the" insert "motor".

No. 219, in page 88, line 21, leave out subsection (2) and insert--

'(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that--

(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.

(2A) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).

(2B) A person guilty of an offence under subsection (2A) is liable on summary conviction to--

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(2C) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 151(5) or (6).

(2D) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.'.'.

No. 220, in page 88, line 29, at end insert--

'(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,'.

No. 221, in page 88, line 33, at end insert--

'and

( ) the sale or destruction of motor vehicles not released.

(3A) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3B) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3C) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (3).

(3D) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3E) A person guilty of an offence under subsection (3B) or (3C) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

No. 222, in page 88, line 34, leave out "and in this subsection" and insert--

'( ) In this section'.

No. 223, in page 88, leave out line 37.-- [Mr. Robert Ainsworth.]

Ordered,

That clause 152 be divided into two Clauses, the first consisting of subsections (1) to (2D) [ Examination, entry, search and seizure ] and the second of subsections (3) to (4) [ Immobilisation etc. ].-- [Mr. Robert Ainsworth.]

Amendment made: No. 225, in page 89, line 31, leave out--

'the Road Traffic Regulation Act 1984'

and insert--

'section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 226, in page 94, line 5, leave out "to (5)" and insert "and (3)".

No. 227, in page 94, line 6, leave out "and costs".

No. 228, in page 94, line 7, at end insert--

'(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme--

(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and

(b) the parties at the inquiry shall bear their own costs.'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 229, in page 95, line 2, after "(1)" insert--

'and to section 161(1) and (3)'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 230, in page 96, leave out lines 19 and 20 and insert--

'(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).

(4A) A person guilty of an offence under subsection (4) is'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 231, in page 97, line 18, after "department," insert--

'( ) the National Assembly for Wales,'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 232, in page 99, line 15, at end insert--

'( ) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the National Assembly for Wales.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 233, in page 187, line 19, leave out from "a" to "the" in line 9 on page 188 and insert--

'relevant scheme and a financial year, means the amount (if any) by which--

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable.

(2) For the purposes of this Schedule--

(a) the amounts received under or in connection with a relevant scheme, and

(b) the expenses incurred for or in connection with a relevant scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.

(3) Regulations under sub-paragraph (2) may, in particular, provide that--

(a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or

(b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,

are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.

(4) Where a trunk road charging scheme is made by virtue of section 145(2)(b), the relevant authority and the local traffic authority which requested the making of the scheme (or Transport for London, if it did) may agree that--

(a) the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and

(b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with'.

No. 234, in page 188, line 31, leave out from beginning to "be" in line 42 and insert--

'5. Regulations made by the appropriate national authority may make provision for--

(a) the keeping of accounts relating to trunk road charging schemes, and

(b) the preparation and publication of statements of such accounts.

6.--(1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.

(2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.

(3) Regulations made by the appropriate national authority may make--

(a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and

(b) further provision relating to the preparation and publication of statements of such accounts.

6A. At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall'.

No. 235, in page 191, line 42, leave out sub-paragraph (6).-- [Mr. Robert Ainsworth.]

Amendments made: No. 236, in page 192, line 7, after "(1)," insert--

'in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which--

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable;".

(3) In that sub-paragraph,'.

No. 237, in page 192, line 14, at end insert--

'( ) In that sub-paragraph, in the definition of "traffic sign", for "same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)" substitute "meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act".'.

No. 238, in page 192, line 14, at end insert--

'( ) For sub-paragraph (2) substitute--

"(2) For the purposes of this Schedule--

(a) the amounts received under or in connection with a charging scheme, and

(b) the expenses incurred for or in connection with such a scheme,

No. 252, in page 195, line 12, at end insert--

'(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme--

(a) the costs of the inquiry shall be paid by the licensing authority; and

(b) the parties at the inquiry shall bear their own costs.'.

No. 253, in page 195, line 22, at end insert--

'In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after "(2) above" insert "and to paragraphs 7 and 9 above".'.

No. 254, in page 195, line 37, leave out--

'In paragraph 21(5)(b) (dealing with surpluses)'

and insert--

'(1) Paragraph 21 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

(3) In sub-paragraph (3)--

(a) for the words from the beginning to "each" substitute "Each", and

(b) for "that year" substitute "each financial year".

(4) After that sub-paragraph insert--

"(4A) Regulations may make further provision relating to--

(a) accounts required to be kept under sub-paragraph (1) or (2) (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme), and

(b) the preparation and publication of statements of such accounts."

(5) In sub-paragraph (5)(b)'.-- [Mr. Robert Ainsworth.]

I beg to move amendment No. 420, in page 102, line 23, at end insert--

'(d) to identify unmet needs for railway services;

(e) to expand the railway network where appropriate.'.

In making any appointment to membership of the Authority the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Authority.

secure the development of the railway network.

It being four hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker, pursuant to Order [9 May], put forthwith the Question already proposed from the Chair.

Question put, That the amendment be made:--

The House divided: Ayes 44, Noes 321.

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